Skip to main content

Intellectual Property

Jun 2024

Federal Court Holds That Copyright Act Preempts X’s Web Scraping Claims

Jeremy Goldman

In a blockbuster ruling that is bound to have far-reaching implications, including in the swarm of copyright infringement cases brought against AI platforms, a California federal court recently dismissed a complaint that X Corp. brought against web scraping company Bright Data.

Jun 2024

Supreme Court Provides for Broader Availability of Damages in Copyright Suits

Sean M. Callagy and Bridgette C. Gershoni

The Supreme Court issued a 6-3 decision in Warner Chappell Music, Inc. v. Nealy, No. 22-1078, holding that damages are available under the Copyright Act for acts of infringement that predate the initiation of suit by more than three years.

May 2024

Top Gun Lawsuit Shot Down

Matt Kristoffersen

The 1983 magazine article “Top Guns” and Paramount Pictures’ recent blockbuster movie Top Gun: Maverick are not substantially similar under copyright law, a California federal judge ruled this month.

May 2024

With the ELVIS Act, Tennessee Shows its Burning Love for Recording Artists

David Zeitlin and Robb Harvey

Tennessee, home to both Music City® (Nashville) and the Blues (Memphis), has taken a swing at regulating generative AI’s potential harm to musicians and recording artists.

Apr 2024

Authors’ Vicarious Infringement Claims Against ChatGPT Dismissed

Matt Kristoffersen

The U.S. District Court for the Northern District of California recently dismissed most of a collection of claims brought by a group of authors against OpenAI, alleging that the artificial intelligence company infringes their copyright when it uses their works to train its large language model ChatGPT.

Mar 2024

Supreme Court, Second Circuit Consider Copyright Infringement Statute of Limitation Implications

Gillian Vernick

Neither case squarely presented the question of when a copyright claim ‘accrues,’ understood by many federal circuits as when the copyright owner first “discovers” the allegedly infringing use. However, the challenges that both cases raise about the discovery rule’s application may hint at its potential impermanence.

Mar 2024

Fourth Circuit Rules Against News Org’s Use of Ted Nugent Photograph

Jamie Ehrlich and Cynthia A. Gierhart

The Fourth Circuit ruled that a news organization’s use of a photograph of musician Ted Nugent did not constitute fair use, siding with the photographer who argued that the news organization did not alter or add any new expression required to overcome the requirements for proper attribution.

Dec 2023

Federal Court Dismisses Copyright Lawsuit Against Friends, Sex and the City, Other Shows

Elizabeth A. McNamara and Meenakshi Krishnan

The Court found that no lay observer could find any substantial similarities between the protectible material of Lee’s work and the four shows.

Nov 2023

California Federal Court Grants Summary Judgment for Defendants in Ad Astra Copyright / Idea Theft Case

David Aronoff and Josh Bornstein

Plaintiff alleged that Ad Astra infringed his copyright in and stole ideas from his unproduced spec screenplay entitled Cosmic Force. However, in granting summary judgment the Court ruled that these claims failed to raise genuine issues warranting a trial.

Oct 2023

Federal Court Holds that Incidental Capture of Photos in Background of Documentary Film is Fair Use

Adam Rich and Samuel Bayard

This decision will be helpful to documentary filmmakers who incidentally capture copyrighted works while documenting actions and events that are of legitimate public concern.